Rectification of GSTR-3B should be allowed very month in which error occured-HC


Rectification of GSTR-3B should be allowed very month in which error occured-HC

The Delhi High Court held that the failure of the Government to operationalise the statutory returns, GSTR 2, 2A and 3 prescribed under the CGST Act, cannot prejudice the assessee. The GSTR 3B which was merely a summary return as an alternative did not have the statutory features of the returns prescribed under the Act. Therefore, if there were errors in capturing ITC on account of which cash was paid for discharging GST liability instead of utilising ITC which could not be captured correctly at that time, the return should be allowed to be rectified in the very month in which the ITC was not recorded and the cash paid should be available as refund. The High Court read down the circular which did not permit such rectification as being contrary to the scheme of the CGST Act.

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Tags: Judgement, GST, High Court


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